How does the concept of “clear improvement” relate to the Alice/Mayo test?
The concept of “clear improvement” in MPEP § 2106.06(b) relates to the Alice/Mayo test by potentially allowing claims to bypass parts of the test. The MPEP states: “Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found…
Read MoreHow does a “clear improvement” affect the patent eligibility analysis?
A “clear improvement” to technology or computer functionality can significantly simplify the patent eligibility analysis. According to MPEP § 2106.06(b): “In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed.“ This means that if a claim demonstrates a clear…
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